Phoenix Texting and Driving Accident Attorney
Texting and driving is one of the most dangerous threats to drivers on American roadways today. According to the National Highway Traffic Safety Administration, distracted driving behaviors, including texting, led to 3,450 deaths in 2016 alone. If you or a loved one suffered losses because of a distracted driver, you may be able to gain compensation for injuries, pain, and suffering. The Phoenix distracted driving attorneys at Begam Marks & Traulsen, P.A., have extensive experience settling and litigating these types of cases. Contact us to schedule a free initial consultation today and learn more about your legal options.
Distracted Driving Laws in Arizona
As of 2018, Arizona is one of just three states that does not have a statewide texting and driving ban. However, lawmakers hope that a ban will soon happen. Senate Bill 1261, currently in the works, would lead to a fine of $25-$99 for the first offense and $100-$200 for subsequent offenses. If texting and driving leads to a serious injury to another person, the defendant would face Class 2 misdemeanor charges and fines up to $4,000.
On April 20, 2018, lawmakers in the House passed a version of this bill, limiting to new drivers in the first six months of getting licensed. The measure passed by a very narrow margin but will hopefully lead to more sweeping measures soon.
Liability in a Texting and Driving Accident
Texting and driving in Arizona is not technically illegal, but it does constitute negligence. Distracted drivers are often at fault for car accidents because they don’t have their eyes on the road at the time of the crash. This often applies to the implied duty of care all drivers have to one another on the road. Breaching this duty of care is committing negligence and means the driver could be liable for all damages resulting from the accident.
Why You Need a Lawyer
While texting and driving is negligence, proving these cases often requires the assistance of an experienced attorney. It’s not always easy, for example, to prove that another driver was texting and driving at the time of the accident. The attorneys at Begam Marks & Traulsen, P.A., can help establish negligence by:
- Getting a subpoena for phone records to prove that a driver was texting, using an application, or talking on a mobile device at the time of the crash.
- Examining evidence such as skid marks and property damage to ascertain the driver’s reaction time and any evasive maneuvers.
- Reviewing police reports and obtaining depositions from eyewitnesses and outside experts.
Damages You Can Recover in a Texting and Driving Accident
A car accident claim compensates for both your monetary and non-monetary losses following an Arizona texting and driving crash. Examples of these losses include:
- Current and future medical expenses
- Lost wages, including any loss in earning capacity resulting from permanent injury
- Ongoing therapy expenses or home accommodations, such as wheelchair ramps
- Pain, suffering, and emotional distress
- Loss of life quality
Your Distracted Driving Accident Attorney
Drivers who text behind the wheel can, and should, be accountable for their actions. If you or a loved one suffered harm in an accident involving a distracted driver, you need help from an experienced Phoenix car accident attorney. These cases can be difficult to navigate, especially since the state of Arizona does not have an explicit texting and driving ban. The attorneys at Begam Marks & Traulsen, P.A., can help you understand your legal options and will fight for your right to fair compensation under the law. For more information or to schedule a free initial consultation with our firm, contact us.